695 LEGISLATIVE ASSEMBLY Tuesday 20 May 2003 ______ Mr Speaker (The Hon. John Joseph Aquilina) took the chair at 2.15 p.m. Mr Speaker offered the Prayer. DISTINGUISHED VISITORS Mr SPEAKER: I acknowledge the presence in the gallery of the Hon. Michael Cleary, a former member for Coogee and former Minister for Sport and Recreation. VARIATIONS OF PAYMENTS ESTIMATES 2002-03 Mr Knowles, by leave, on behalf of the Treasurer tabled variations of receipts and payments estimates and appropriations for 2002-03, under section 26 of the Public Finance and Audit Act 1983, arising from the provision by the Commonwealth of specific purpose payments in excess of the amounts included in the State's receipts and payments estimates. INDEPENDENT COMMISSION AGAINST CORRUPTION Report Mr Speaker announced the receipt, pursuant to the Independent Commission Against Corruption Act 1988, of the report entitled "Investigation into Handling of Applications for Public Housing by an Officer of the Department of Housing", dated May 2003. Ordered to be printed. AUDIT OFFICE Report The Clerk announced the receipt, pursuant to the Public Finance and Audit Act 1983, of the Performance Audit Report entitled "Department of Education and Training—Managing Teacher Performance", dated May 2003. PETITIONS Cudgen Creek Seaway Petition requesting that the Cudgen Creek seaway at Kingscliff be cleared of silt, received from Mr George. Dunoon Dam Petition requesting the fast-tracking of plans to build a dam at Dunoon, received from Mr George. National Accident Scheme Petition praying that a national accident scheme be established to cover all injured patients, received from Mr Brogden. Freedom of Religion Petition praying that the House reject legislative proposals that would detract from the exercise of freedom of religion, and retain the existing exemptions applying to religious bodies in the Anti-Discrimination Act, received from Ms Saliba. 696 LEGISLATIVE ASSEMBLY 20 May 2003 Age of Consent Petition supporting a uniform age of consent of 18 for both boys and girls, opposing legislative changes to lower the age of consent for consensual male homosexual acts, opposing the retrospectivity of the legislation, supporting increased criminal penalties for sexual predators, and praying that age of consent and penalties be dealt with in separate bills, received from Ms Saliba. La Mancha Cara-park Site Redevelopment Petition requesting that La Mancha Cara-park residents be placed at the top of the public housing priority list, received from Mrs Hopwood. Gordon Policing Petition praying that Gordon police station be upgraded and that the number of police operating out of the station be increased, received from Mr O'Farrell. QUESTIONS WITHOUT NOTICE _________ MENANGLE BRIDGE SPEED LIMITS Mr BROGDEN: My question is to the Minister for Roads. Following Professor West's examination of the Menangle rail bridge and the subsequent imposition of speed limits on the bridge, why were 40 kilometre- an-hour freight and 60 kilometre-an-hour commuter speed limits imposed in only one direction before the election, as shown by the Rail Infrastructure Corporation weekly speed notice I have in my hand? Mr SCULLY: It is appropriate that we now draw a line under the fact that on 2 April I was not sworn in as Minister for Transport. The Leader of the Opposition should refer all those types of questions to the Minister for Transport Services. Mr Brogden: Point of order: My point of order relates to the Minister's responsibility as Minister for Transport. Are we meant to believe that he was not responsible at the time? Is that what he is saying? Mr SPEAKER: Order! There is no point of order. Mr Tink: Point of order: Under Standing Order 135 Ministers may be asked about matters relating to their portfolios or about public affairs. The matter the Leader of the Opposition asked about clearly related to public affairs when the Leader of the House was the responsible Minister. Under Standing Order 135 such question are in order because they relate to the public affairs of this State as distinct from the Minister's current responsibilities. The question is in order. The Minister is in hiding behind standing orders—and, I hope, not behind a ruling from the Chair. Mr Scully: To the point of order: I answered the question. CANNABIS MEDICAL USE Ms ALLAN: I direct my question to the Premier. What is the latest information on the use of cannabis for medical purposes and the relief of suffering in the seriously ill? Mr CARR: I thank the honourable member for her question, and I note that the Toongabbie branch of the Country Women's Association—not a radical body—proposed just such a resolution at the association's annual conference two weeks ago and, remarkably, the vote was tied 312 to 312. The State President of the association commented that that was an amazing result. That change of attitude is a vindication of the Government's decision in 2000 to establish a working party on the use of cannabis for medical purposes. After a long period of careful deliberation, the Government now intends to establish a medicinal cannabis scheme in New South Wales. A draft exposure bill is being prepared that will provide for a four-year trial of the medical use of cannabis. 20 May 2003 LEGISLATIVE ASSEMBLY 697 Mr SPEAKER: Order! There is far too much audible conversation in the Chamber. Mr CARR: This is a compassionate scheme. It is directed at people like the 62-year-old man with bowel cancer who came to the attention of the working party. He uses cannabis to relieve pain and to beat the nausea that stops him from eating. He made this simple plea to the working party and to us as legislators: I hope that you can come to a decision soon whether people can grow a plant or get it by prescription at least we could get rid of the bad feeling of being a criminal just because we want to live. The proposed scheme will also help people like the man in his 80s who is suffering from prostate cancer. He had had radiation therapy and was losing weight. More tragically, he was losing the will to live. Eating marijuana biscuits helped bring back his appetite and strengthened his determination to fight the cancer. The July 2001 "Report on Consultation on the Findings and Recommendations of the Working Party on the Use of Cannabis for Medical Purposes" quotes his wife, who is also in her 80s. She said: We were completely naive about this and disliked breaking the law to obtain supplies... but we had no choice. As legislators, we will determine whether people such as those and their demands can be accommodated. We should bear in mind the acute suffering that afflicts people fighting cancer and undergoing radiation and chemotherapy. Medical evidence supports the proposition that, although harmful in other respects, marijuana can relieve suffering in a number of cases. We have an obligation to minimise human pain and distress wherever we can. Under the proposal approved by Cabinet, patients will be able to access cannabis through a new Office of Medicinal Cannabis to be established within the New South Wales Department of Health. Eligibility will, of necessity, be tightly defined. Patients will be required to demonstrate that conventional treatment will not relieve their suffering. We are talking about people suffering from wasting due to cancer or HIV/AIDS, nausea from chemotherapy, severe or chronic pain, muscle spasticity due to multiple sclerosis, and spinal cord injuries. The Government's proposal will include strict safeguards, offences and penalties. For example, patients will be required to register annually with the Office of Medicinal Cannabis, and they will need to obtain a certificate from a doctor and prove that they have a genuine and continuing medical relationship with that doctor. In addition, people will not be able to register as a medicinal user if they have been convicted of an illicit drug offence in any jurisdiction other than for a minor personal use offence, if they are on parole, under 18 years of age or pregnant. The Government will work with medical, pharmaceutical and research institutions to examine a variety of options to ensure that registered medicinal users have access to the drug. Of particular interest is the work being done in the United Kingdom by GW Pharmaceuticals, which has developed a cannabis derivative that is sprayed under the tongue using an inhaler-type device. That medication, which was developed with the support of the United Kingdom Government, has been clinically trialled over the past three years. The company expects to submit a proposal to the British Medical Control Authority for approval as a prescription medicine. It could be ready for sale as early as the start of next year. I make one thing absolutely clear: The Government believes that the case against the decriminalisation of cannabis is stronger than ever. The most recent evidence that links cannabis use with mental illness is one part of that argument. This measure is designed to assist a group of people who cannot be assisted by conventional treatment. The Government believes that we should make life less difficult for people such as those to whom I have referred, that is, those living with prostate and bowel cancer. This is something practical we can do to reduce the sum of misery in the world. The duty is imperative when it comes to an issue as complex as the use of cannabis. As legislators, we should be able to rise to this challenge. The complexity of an issue does not provide a licence to walk away while ordinary people suffer and acquire criminal records simply for treating their illness and relieving their suffering in the only way that works for them.